Warranty Disclaimer

Effective date: April 1, 2019


SAILING AWAITS LLC, DOES NOT IN ANY WAY WARRANT THE FITNESS OF THE MERCHANDISE PURCHASED UNDER THIS CONTRACT FOR ANY PARTICULAR PURPOSE OR ITS MERCHANTABILITY. UNDER WASHINGTON’S UNIFORM COMMERCIAL CODE, A WARRANTY OF MERCHANTABILITY MEANS THAT THE MERCHANDISE MUST PASS WITHOUT OBJECTION IN THE TRADE UNDER THE CONTRACT DESCRIPTION, BE OF FAIR AVERAGE QUALITY WITHIN THE DESCRIPTION, AND BE FIT FOR THE ORDINARY PURPOSES FOR WHICH SUCH MERCHANDISE IS USED.

SAILING AWAITS LLC, NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY LIABILITY IN CONNECTION WITH THE SALE OF THE HEREIN DESCRIBED MERCHANDISE, WHETHER PURCHASED FOR COMMERCIAL OR FOR PERSONAL, FAMILY OR HOUSEHOLD USE; PURCHASER HAS INSPECTED THE MERCHANDISE AS FULLY AS HE/SHE DESIRES PRIOR TO ENTERING INTO THE CONTRACT, AND UNDERSTANDS AND AGREES THAT SAILING AWAITS LLC, MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, RESPECTING THE QUALITY, CHARACTERISTICS, PERFORMANCE OR CONDITION OF THE MERCHANDISE, OR ANY OF ITS COMPONENT PARTS INCLUDED IN THIS PURCHASE.

NOR DOES SAILING AWAITS LLC MAKE ANY WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, CONCERNING THE LENGTH OF TIME OR AMOUNT OF USAGE WHICH THE MERCHANDISE WILL OPERATE OR TOLERATE AFTER THE DATE OF THE CONTRACT OR PURCHASE.

PURCHASER AGREES, RECOGNIZES AND ACKNOWLEDGES THAT THE PURCHASE PRICE FOR THE MERCHANDISE DESCRIBED HEREIN REFLECTS THE FACT THAT THE MERCHANDISE IS BEING SOLD “AS IS” WITHOUT WARRANTIES OF ANY KIND FROM SAILING AWAITS LLC. PURCHASER FURTHER AGREES THAT SAILING AWAITS LLC, SHALL HAVE NO LIABILITY FOR CONSEQUENTIAL DAMAGES IN THE EVENT OF INJURY TO ANY PERSONS OR PROPERTY, OR ANY LIABILITY FOR LOSS OF USE, LOSS OF TIME, LOSS OF PROFITS OR INCOME, OR ANY OTHER INCIDENTAL EXPENSES ARISING FROM MALFUNCTION OR DEFECT OR UNFITNESS OR DEFICIENCY OF THIS MERCHANDISE.

IT IS THE INTENT OF THIS DISCLAIMER TO DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY UNDER THE UNIFORM COMMERCIAL CODE, AND PARTICULARLY TO COMPLY WITH RCW 62A.2-316 AND THE MAGNUSON-MOSS WARRANTY ACT, WHEREIN DISCLAIMERS OF WARRANTIES AS TO GOODS PURCHASED PRIMARILY FOR PERSONAL, FAMILY OR HOUSEHOLD USE ARE PERMITTED TO BE DISCLAIMED.

RECEIPT OF A COPY OF THIS NEGOTIATED AGREEMENT IS HEREBY ACKNOWLEDGED, UNDERSTOOD, AND SIGNED PRIOR TO THE SALE BEING CONCLUDED AND PRIOR TO MY SIGNING ANY AND ALL DOCUMENTS OR CONTRACTS RELATED TO THE PURCHASE OF THIS MERCHANDISE. SAILING AWAITS LLC, SHALL NOT BE LIABLE FOR DELAYS CAUSED BY THE MANUFACTURER, ACCIDENTS, STRIKES, FIRES, OR OTHER CAUSES BEYOND THE CONTROL OF THE DEALER.